Anand Kumbhkar v. Chhattisgarh Rajya Gramin Bank

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4900 of 2021 Anand Kumbhkar S/o Shri Panchu Ram Kumbhkar, aged about 34 Years, R/o Kumharpara, Maruti Ward No. 15, Thana & Tehsil - Kawardha District Kabirdham Chhattisgarh Presently attached To Respondent Bank's Dashrangpur Branch in Kabirdham District Of Chhattisgarh State. ---- Petitioner

Versus

1. Chhattisgarh Rajya Gramin Bank Thru' The Disciplinary Authority And Regional Manager Chhattisgarh Rajya Gramin Bank, G. E. Road, Near Mundra Kunj, Rajnandgaon Chhattisgarh Pin Code 491441

2. The Inquiry Authority Thru' Regional Manager Chhattisgarh Rajya Gramin Bank G. E. Road, Near Mundra Kunj, Rajnandgaon Chhattisgarh Pin 491441

3. The Branch Manager, Chhattisgarh Rajya Gramin Bank Dashrangpur Branch Dashrangpur, Tehsil - Kawardha District Kabirdham Chhattisgarh ---- Respondents For Petitioner :

Mr. R. B. Sharma, Advocate.

For Respondent/s :

Mr. N. Naha Roy, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 15/09/2021

1. The challenge in the present writ petition is to the letter dated 04.08.2021 issued by the disciplinary authority to the petitioner calling upon his explanation to the Enquiry reports submitted by the Enquiry Officer on the departmental enquiry proceeded against the petitioner.

2. At the outset, this Court is of the opinion that this is not the stage which warrants interference by the High Court invoking the Writ Jurisdiction exercising the powers under Article 226. The High Court cannot be substituted as an administrative higher authority of the department to

-2interfere with the disciplinary proceedings which is yet to be concluded and particularly when it is only a letter issued by the Disciplinary Authority calling for the explanation and submissions of the petitioner on the enquiry reports submitted. The grievance of the petitioner is that, he has and that he has raised in the present writ petition are all one which can be raised by the petitioner before the disciplinary authority in response to the letter Annexure P-1. That if the petitioner has not submitted the same till now the petitioner may submit it within a further period of 10 days time and disciplinary authority thereafter shall take an appropriate decision on due scrutiny of the submission and evaluation of the submissions made by the petitioner in response to Annexure P-1 dated 04.08.2021, provided the submission are made within a period of 10 days from today.

3. The right of either parties would stand reserved for taking appropriate decision thereafter.

4.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Rohit